HomeMy WebLinkAboutC19-004 HR Green Fiber and BroadbandAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND HR GREEN FIBER AND BROADBAND, LLC THIS AGREEMENT (“Agreement”) is effective as of the _______________, by and between HR Green Fiber and Broadband, LLC, a limited liability company (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, Contractor is to conduct a broadband network study for the areas of Town of Eagle and Town of Gypsum (the “Project”); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A (“Services” or “Work”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than January 31, 2019 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County’s Representative. The Administration Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 31 day of January, 2019. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 1/8/2019 2 Eagle County General Services Final 5/14 until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $36,500. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may reasonably request. b. If County has any payment dispute, this will be governed by the procedures set forth in Section 12 of this Agreement. c. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County d. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 3 Eagle County General Services Final 5/14 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, and employees as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 4 Eagle County General Services Final 5/14 claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. The County acknowledges the Contractor’s documents as the work papers of the Contractor and the Contractor’s instruments of professional service. Nevertheless, upon completion of the Services and payment in full of all monies due to the Contractor , the Contractor shall provide the Final Documents to the County. The County shall own the Final Documents prepared under this Agreement. Ownership of Instruments of Service, Deliverables and Prior Works. All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by Contractor as instruments of service, with the exception of the Final Documents, shall remain the property of Contractor (collectively “Instruments of Service”). All prior works developed by Contractor (“Prior Works”) including but not limited to, data, specifications, drawings, records, reports, proposals, spreadsheets and/or related documentation, research, or other information used to perform services shall also remain the sole property of Contractor, except for the Final Documents, are deemed Proprietary Information (as hereafter defined). Contractor shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the County at all reasonable times. During the term of this Agreement, County may receive confidential and proprietary information (“Proprietary Information”) belonging to the Contractor. Proprietary Information may include but is not limited to plans, strategies, ideas, concepts, processes, techniques, spreadsheets, the concepts contained in such programs, documentation, test results, third party financial information and business or technical plans. Such Proprietary Information will be considered “Trade Secrets” under state law applicable by this Agreement unless such information (i) is in the public domain through no act or omission of the receiving party; (ii) was in the receiving party’s lawful possession without limitation on disclosure; (iii) is hereafter disclosed lawfully to the receiving party without limitation on disclosure; or (iv) if independently developed by the receiving party shall not constitute Proprietary Information. County agrees to hold such Proprietary Information in strict confidence and shall not make such Proprietary Information available to any third party, except to the extent such information is required to be available to the public under any public entity open records laws applicable to County. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Abby Musfeldt 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8611 E-Mail: abby.musfeldt@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 5 Eagle County General Services Final 5/14 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CONTRACTOR: Attention: Edward Barrett 8710 Earhart Lane SW Cedar Rapids, IA 52404 Telephone: 319-841-4395 Email: ebarrett@hrgreen.com 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall, within thirty (30) days, provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. In the event of a dispute arising out of or relating to this Agreement, Contractor and County agree to attempt to resolve such dispute through direct negotiations between the appropriate representatives of each party. If the dispute remains unresolved, any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 6 Eagle County General Services Final 5/14 e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. l. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor’s representative, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Government Contracts. DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 7 Eagle County General Services Final 5/14 As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 8 Eagle County General Services Final 5/14 16. Municipal Advisor. The Contractor is not a municipal advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd-Frank Wall Street Reform and Consumer Protection Act. If the County is a municipal entity as defined by said act, and the County requires project financing information for the services performed under this Agreement, the County will provide the Contractor with a letter detailing who their independent registered municipal advisor is and that the County will rely on the advice of such advisor. A sample letter can be provided to the County upon request. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 9 Eagle County General Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR: By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 Edward K. Barrett Practice Leader - Fiber & Braodband Services 10 Eagle County General Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES The Town of Eagle, Town of Gypsum, and Eagle County are considering participation in Project Thor, a middle mile broadband fiber network providing a redundant internet ring to northwestern Colorado. Once middle mile meet me centers are built in Project Thor communities, it is the community’s responsibility to administer the local broadband network. Eagle, Gypsum, and Eagle County aim to sell broadband and transport services to community anchor institutions to enable the delivery of wholesale middle mile bandwidth to the region. This bandwidth could also be sold ‘open access’ to any internet service provider interested in delivering services to local consumers. Utilizing information provided by the Town of Eagle, Town of Gypsum, and Eagle County and research conducted by the HR Green, this scope of work is to be completed by January 31, 2019 for the sum of $36,500: Network Plan - Provide network plans encompassing the Town of Eagle and the Town of Gypsum focused on assessing the combination of technical and economic viability under each of the following scenarios: • Utilization of Project Thor middle mile fiber reaching Gypsum (3289 Cooley Mesa Road) and Eagle (500 Broadway) through two separate meet me centers. • Other state-of-the-art technology that could be deployed to serve both the Town of Eagle and the Town of Gypsum. Each network plan should include: • Community Anchor Strategy - Using a community anchor list and pro forma pricing template provided by Eagle, Gypsum, and Eagle County, determine the following for each community anchor: Bandwidth needs, current broadband monthly costs and contract timeframe, recommended type of technology for build out from meet me center to anchor facility, estimated build-out costs, and potential funding sources for build out. • Last Mile Strategy - Research the current broadband landscape in the Town of Eagle and Town of Gypsum, including areas of need, current speed, current pricing, and recommended type of technology (fiber in- or above-ground, wireless, or other) for last mile build-out. • Deployment Plan - Develop an anticipated phased strategy for broadband deployment to community anchors and last mile users, including scope, timing, cost models, and any factors that could influence the project. This project is anticipated for complete build-out in five years. Contractor has provided the following schedule outline to commence as soon as practical for Contractor and County. All services considered to be provided not later than January 30, 2019. Priority Due Date What Who Status High 12/12/18 Complete Contract Demlow/Musfeldt High 12/12/18 Anchor Institution Data/Contacts Musfeldt provide to Demlow High 12/14/18 Schedule AI Meetings Price DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 11 Eagle County General Services Final 5/14 High 12/19-20 Conduct AI Meetings Price High 12/21/18 Complete Entry for Final Report Price High 12/19/18 GIS Setup Complete Liska High 12/28/18 GIS HLD Complete Monday/Liska High 1/11/19 Cost Estimates – Draft 1 Monday High 1/18/19 Review Cost Estimates with Eagle Monday/Demlow High 1/28/19 Final Report to Eagle Demlow DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 12 Eagle County General Services Final 5/14 EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Aggregate Per Claim X 8710 Earhart Lane SW X DPR9935712 Eagle, CO 81631 mgruis@holmesmurphy.com (Claims Made Coverage) Professional Liability X 1,000,000 A X 55035336 55035336 1,000,000 XL SPECIALTY INS CO Travelers Property Casualty Company of Zurich American Insurance Company 300,000 Attn: Abby Musfeldt insured, per policy terms and conditions. included as Additional Insureds on the General Liability and Auto Liability as required by written contract with the Eagle County, its associated or affiliated entities, its successors and assigns, elected officials and employees are BAP373096809 Re: Project No. 181790 15,000,000 C 01/01/20 1,000,000 01/01/19 X Eagle County, Colorado 01/01/19 X 10,000 B 01/01/20 37885 GLO373096709 25674 16535 X Cedar Rapids, IA 52404 PO Box 850 X 500 Broadway 10,000 1,000,000 319-896-7715 201 First Street SE, Suite 700 866-231-7822 01/01/20 01/02/2019 2,000,000 01/01/19 01/01/19 N X 6,000,000 5,000,000 Michelle Gruis A WC373096609 HR Green Fiber and Broadband, LLC Holmes Murphy & Assoc - CR 01/01/20 2,000,000 01/01/19 kbrewercr X ZUP14N8656619 1,000,000 Cedar Rapids, IA 52401 2,000,000 1-800-300-0325 A 01/01/20 USA 15,000,000 X DocuSign Envelope ID: CD1A993A-CEA9-49D9-8B08-AB305227CB81 P5260028002ACORDCERTIFICATEOFLIABILITYINSURANCETHISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,ANDTHECERTIFICATEHOLDER.IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)musthaveADDITIONALINSUREDprovisionsorbeendorsed.IfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s).PRODUCER1—800—300-.0325CONTACTNAME:MistySunnesFAXHolmesMurphy&Assoc-CRPHONE:319—896-7670tAlC,No!:tAlC.No.ExtiE.MAIL201FirstStreetSE,Suite700ADDRESS:msunnes@holmeamurphy.coinINSURER(S)AFFORDINGCOVERAGENAIC#CedarRapids,IA52401INSURERA:Zurich?,snericanInsuranceCompany16535INSUREDINSURERB:TravelersPropertyCasualtyCompanyof25674HRGreenFiberandBroadband,LLCINSURERC:XISPECIALTYINSCO378858710Earhartr,aneowINSURERD:INSURERE:CedarRapids,IA52404INSURERF:COVERAGESCERTIFICATENUMBER:60943905REVISIONNUMBER:INSRADDLSUERPOLICYEFFPOLICYEXPLTRTYPEOFINSURANCEgPOLICYNUMBERIMMIDD!YYYY)IUMIDD/YYYYILIMITS_________________OMMERCIALGENERALCIABILITYGL037309671101/01/2101/01/22EACHOCCURRENCE$2,000,000DAMAGETORENTED_CLAIMS-MADEOCCURPREMISES(Eaoccuence)$300,000MEDEXP(Anyoneperson)$10,000PERSONAL&AOVINJURY$2,000,000GENLAGGREGATELIMITAPPLIESPER:GENERALAGGREGATE$4,000,000POLICYL1!CL1LOCPRODUCTS-COMP/OPAGG$4,000,000——$AAUTOMOBICELIABILITYBAP37309681101/01/2101/01/22COMBINEDSINGLELIMIT$2,000,000(EaaccIdentXANYAUTOBODILYINJURY(Perpereon)$OWNEDE1SCHEDULEDAUTOSONLYL_JAUTOSBODILYINJURY(Peraccent)$xHIREDINON-OWNEDPROPERTYDAMAGE$AUTOSONLYAUTOSONLY——(PeraccdenI)$BXUMBRELLALIABL]DCCURZUP14N865662101/01/2101/01/22EACHOCCURRENCE$10,000,000EXCESSLIABCLAIMS-MADEAGGREGATE$10,000,000—DEDRETENTIONs10,000——$WORKERSCOMPENSATIONPERII0TH-AANDEMPLOYERSLIABILITYWC37309661101/01/2101/01/22STATUTEIIERYINANYPROPRIETOR)PARTNEWEXECUTIVEOPFICERIMEMBEREXCLUDED7NIAE.L.EACHACCIDENT$1,000,000(MandatoryInNH)EL.DISEASE-EAEMPLOYEE$1,000,000Ifyes,describeunderDESCRIPTIONOFOPERATIONSbelowEL.DISEASE-POLICYLIMIT$1,000,000CProfessionalLiability—DPR997072601/01/2101/01/22PerClaim5,000,000(ClaimsMadeCoverage)Aggregate10,000,000DESCRIPTIONOFOPERATIONS!LOCATIONS(VEHICLES(ACORD101,AdditIonalRemarksSchedule,maybeattachedIfmorespaceIsrequired)Re:ProjectNo.181790EagleCounty,itsassociatedoraffiliatedentities,itssuccessorsandassigns,electedofficialsandemployeesareincludedasAdditionalInsuredsontheGeneralLiabilityandAutoLiabilityasrequiredbywrittencontractwiththeinsured,perpolicytermsandconditions.ACORD25(2016103)mgruiscr60943905DATE(MMIDD!YYYY)12/21/2020THIS(STOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.CERTIFICATEHOLDERCANCELLATIONSHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFOREEagleCounty,ColoradoTHEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDINACCORDANCEWITHTHEPOLICYPROVISIONS.Attn:)bbyMusfeldt500BroadwayAUTHORIZEDREPRESENTATIVE90Box850Eagle,CO81631USA©1988-2015ACORDCORPORATION.Allrightsreserved.TheACORDnameandlogoareregisteredmarksofACORD